Local offices are just that - staffed and operated by local personnel. Field or 'Enforcement Personnel' are not hired, placed or assigned by state TABC officials. The local office manager may or may not fall in this category.
Actually, as Texas peace officers on a licensed premises they have all power they need to arrest people who are commiting violations of the law in their presence.
Key words here - "...people who are commiting violations of the law in their presence." Drinking in a bar hardly qualifies as a violation of code. We are not discussing drunken, loud, disruptive behavior. I have repeatedly seen bar personnel threatened for asking the TABC gooners to not harras patrons who were not acting in any of those ways. Also, at my time of observation, TABC field personnel were not allowed to carry side arms. Handcuffs, radios and Maglites were SOE.
While I learn new things all of the time, I have never heard of a public intoxication suspect being offered a beath test. They give those to DWI suspects, because there is a law against operating a motor vehicle with a blood or beath alcohol over 0.8. The only crime you can commit in Texas while not operating a motor vehicle where a certain alcohol content makes you guilty is the offense of assembling an amusement ride while intoxicated.
Generic term, beg pardon on using that. Fill the cup or roll up your sleeve. An official record of BAC need be established for charges. Video may bear witness to suspected intoxication, however a standardized and legally admissable record from a tested and verified machine is required.
See above comment about TABC not being local. Plus any law enforcement agency in Texas that "keeps" anything, except forfeited property after a lawsuit and trial, will soon find the Texas Rangers and/or FBI visiting.
Look at funding and disbursement channels for TABC fines.
Refusing to go outside after you have been legally arrested adds the Class A misdemeanor ($2,000 fine and six months in jail) offense of resisting arrest to the Class C misdemeanor ($500 fine and no jail time) offense of public intoxication. It also makes it a lot harder for your attorney to paint you an the innocent victim of an out of control officer, and a lot easier for the prosecutor to paint you as drunk out of your mind and exactly the sort of danger tothe public who needs to go to jail and sleep it off.See exact statement."Refusing to go outside after you have been legally arrested..." is not applicable in thease situations. We are discussing agents who enter a premise without being called and without the consent of the operating personnel (Bartenders, Management and/or servers) and accost patrons. These patrons are then tricked or intimidated into following these clowns outside, onto then public property - "In Public", - where they are then goaded and further harrassed both mentally and in some cases physically - pushed, handled and poked with Maglites. Then, in most cases without an eyeflutter test, these patrons are handcuffed and a waiting local PD car is called on scene.
I think we both agree that drunks should be weeded out and removed from situations of vehicle operation and rowdy, abusive and disruptive activities. I have no problem with this.
Here we are speaking about a group of loose cannons with a known history of intimidating and violating the rights of citizens. Seen 'em in actions more than once. Not the best that Texas has to offer. Thanks.
I can't tell if you are just very misinformed, or are trying to keep posts going back and forth, but...
Texas Code of Criminal Procedure: Art. 2.12., WHO ARE PEACE OFFICERS. The following are peace officers:...
(6) law enforcement agents of the Texas Alcoholic Beverage Commission;
So Texas Alcoholic Beverage Commission agents out making arrests are Peace Officers under Texas law, and are authorized to carry firearms, not just flash lights. But are they, as you say, part of some local outfit and not State employees? From the TABC website:
Vacancy announcements provide the position title, salary information, the location where the vacancy exists, closing date, job description and minimum qualification requirements. After the job closes, all applications are forwarded to the TABC Austin Headquarters. The Human Resources Division is responsible for screening each application to determine which applicants meet the minimum qualification requirements. Only applications that meet all minimum qualifications and include all proper documentation will be processed. (Emphasis added)
...
The State of Texas Application for Employment (Form AP-8), Applicant EEO Data (Form AP-8c), and the TABC Supplemental (Form HR-20) can be downloaded from this site by clicking on the following links...
Here is the link http://www.tabc.state.tx.us/jobs/default.htm
So TABC agents are State, not local.